§ 12.5-211. Denial, reprimand, suspension, revocation

   (a) Grounds. --

   (1) Subject to the hearing provisions of § 12.5-212 of this subtitle, the Secretary may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee or an agent, employee, manager, or partner of the applicant or licensee:

      (i) fraudulently or deceptively obtains or attempts to obtain a license or photo identification card for the applicant or licensee or for another person;

      (ii) fraudulently or deceptively uses a license or photo identification card;

      (iii) presents or attempts to present the license or photo identification card of another licensee or employee of a licensee as the applicant's or licensee's license or photo identification card;

      (iv) uses or attempts to use an expired, suspended, or revoked license or false photo identification card;

      (v) has a similar license or certificate denied, suspended, or revoked in another jurisdiction;

      (vi) under the laws of the United States or of any state, is convicted of a:

         1. felony; or

         2. misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to be involved in providing locksmith services;

      (vii) knowingly employs or knowingly continues to employ an individual who, under the laws of the United States or of any state, is convicted of:

         1. a felony that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services; or

         2. a misdemeanor that is directly related to the fitness and qualification of the employee to be involved in providing locksmith services;

      (viii) fails to maintain the liability insurance required under § 12.5-205 of this subtitle;

      (ix) engages in a pattern of unfair or deceptive trade practices under the Consumer Protection Act, as determined by a final administrative order or judicial decision;

      (x) knowingly uses or permits the use of any of the licensee's or an employee of a licensee's skills, tools, or facilities for the commission of any crime;

      (xi) willfully fails to provide or willfully misrepresents any information required to be provided under this title;

      (xii) violates this title; or

      (xiii) violates a regulation adopted under this title.

   (2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Secretary may impose a penalty not exceeding $ 5,000 for each violation.

      (ii) To determine the amount of the penalty imposed under this subsection, the Secretary shall consider:

         1. the seriousness of the violation;

         2. the harm caused by the violation;

         3. the good faith of the licensee; and

         4. any history of previous violations by the licensee.

   (3) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.

(b) Considerations. -- The Secretary shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of an applicant or licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vi) of this section:

   (1) the nature of the crime;

   (2) the relationship of the crime to the activities authorized by the license;

   (3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to act as a locksmith;

   (4) the length of time since the conviction; and

   (5) the behavior and activities of the applicant or licensee before and after the conviction.

HISTORY: 2009, chs. 551, 552.